Article 21. Commercial Mixed Use District (MU-C)

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10-2.2.2101 Purpose and Intent.

The purpose of the Commercial Mixed Use District is to encourage the development of a combination of medium- to high-intensity commercial and residential uses within the Core Area. Development in the Commercial Mixed Use District is intended to be pedestrian-oriented, generally close to the street, and vertical in nature; typically with structured parking. Restaurant and retail uses are encouraged on the ground floor, while office and residential uses are appropriate on upper floors. The Commercial Mixed Use District is intended to be primarily commercial in nature, with the option for including a residential component as an integral part of commercially oriented mixed use developments. (§5, Ord. 2158, eff. 11/18/16)

10-2.2.2102 Land Use Regulations. Revised 9/24 Revised 10/24

In the following table, the letters in the "Use Regulation" column are defined as follows:

P

=

A permitted use.

L

=

A use permitted subject to certain limitations prescribed by the "Use Regulations" that immediately follow the table.

U

=

A use permitted on approval of a Conditional Use Permit.

Letters in parentheses in the "Additional Regulations" column are described in the "Additional Regulations" section following the "Use Regulations." Where a Use Regulation or a letter in parentheses is opposite a use classification heading, the referenced regulations shall apply to all use classifications under the heading. Land uses not listed (indicated by strikeout) are not permitted.

LAND USE

USE REGULATIONS

ADDITIONAL REGULATIONS

A. Residential Use Classifications

 

(A)(B)(C)(D)(E)

1. Adult Day Care Home

P

 

2. Congregate Living Facility

L(1)

 

3. Family Day Care Home

 

 

a. Small Family Day Care Home

P

(F)

b. Large Family Day Care Home

L(2)

(F)

4. Group Residential

L(1)

 

5. Multiple Family Residential

L(1)

 

6. Residential Care Home

L(1)

 

7. Accessory Dwelling Units

 

 

a. Accessory Dwelling Unit

P

(N)

b. Junior Accessory Dwelling Unit

 

 

8. Single Family Residential

 

 

9. Supportive Housing

L(24), L(25)

 

10. Transitional Housing

L(24)

 

B. Commercial Use Classifications

 

(G)

1. Ambulance Services

 

 

2. Animal Sales and Services

 

 

a. Animal Hospital/Veterinary Services

L(3)

 

b. Animal: Retail Sales and Grooming

P

 

c. Horse Stables

 

 

d. Kennels

L(3)

 

3. Artist Studios

L(4)

 

4. Banks and Savings and Loans

 

 

a. Banks and Savings and Loans

L(5)

 

(1) With Drive-up Services

 

 

(2) With Automated Teller Machines

P

 

5. Catering Services

L(6)

 

6. Commercial Cannabis Business

 

 

a. Commercial Cannabis Cultivation

 

 

b. Commercial Cannabis Distribution

 

 

c. Commercial Cannabis Manufacturing

 

 

d. Commercial Cannabis Retail Dispensary

 

 

(1) With Cannabis Delivery

 

 

e. Nonstorefront Delivery-Only Operation

 

 

f. Commercial Cannabis Testing Laboratory

 

 

7. Communication Facilities

L(7)

 

8. Custom Manufacturing

L(7)

 

9. Eating and/or Drinking Establishments

 

 

a. Eating and/or Drinking Establishments

L(8)

 

(1) With Wine and Beer Service Ending at or Before 11:00 p.m.

L(9)

 

(2) With Wine and Beer Service Ending After 11:00 p.m.

L(10)

 

(3) With Full Alcoholic Beverage Service Ending at or Before 11:00 p.m.

L(9)

 

(4) With Full Alcoholic Beverage Service Ending After 11:00 p.m.

L(10)

 

(5) With Live Entertainment

L(11)

(H)

(6) With Dancing

L(11)

(H)

(7) With Take-out Services

L(8)

 

(a) Drive-up

 

 

(8) With Permanent Outdoor Seating

L(12)

 

(9) With Off-site Distribution

U

(I)

(a) Micro-breweries

U

(I)

10. Food and Beverage Sales

 

 

a. Food and Beverage Sales

L(13)

 

b. Convenience Markets

L(13)

 

(1) With Gasoline Sales

 

c. Specialty Food Shops

L(13)

 

(1) With Off-site Distribution

U

(I)

11. Funeral and Interment Services

 

 

12. Health Clubs

U

 

13. Home Improvement Sales and Services

L(3)

 

14. Horticultural Establishments

 

 

15. Lumber and Building Material Yards

 

 

16. Maintenance and Repair Services/Small Equipment

L(4)

 

17. Mini Storage

 

 

18. Nurseries

 

 

19. Offices, Business and Professional

 

 

a. Offices, Business and Professional

L(5)

 

(1) Offices, Medical

L(7)

 

20. Parking, Commercial Facilities

U

(J)

21. Pawn Shops

P

 

22. Personal Improvement Services

L(14)

 

23. Personal Services

P

 

24. Recreation and Entertainment, Commercial

 

 

a. Within a Building

U

 

b. Outdoor Facilities

 

 

25. Research and Development Services

 

 

26. Retail Sales/Rentals

L(13)

 

27. Vehicle/Equipment Sales and Services

 

 

a. Automobile Rental and Leasing

L(3)

 

b. Automobile Sales/New and Used

L(3)

 

c. Automobile Washing

 

 

d. Automobile Wrecking

 

 

e. Service Stations

 

 

(1) With Automobile Washing

 

 

f. Vehicle/Equipment Repair

 

(1) Limited Vehicle Service

 

 

g. Vehicle/Equipment Sales and Rentals

L(3)

 

h. Vehicle Storage

 

 

28. Visitor Accommodations

 

 

a. Bed and Breakfast Inns

L(1)

 

b. Hotels

P

 

c. Motels

 

 

C. Industrial Use Classifications

 

 

1. General Industry

 

 

2. Limited Industry

 

 

3. Research Development Industry

 

 

4. Wholesaling, Distribution and Storage

 

 

D. Agricultural Use Classifications

 

 

1. Animal Husbandry

 

 

2. Crop Production

 

 

E. Community Facility Use Classifications

 

 

1. Adult Day Care Facilities

L(1)

 

2. Child Day Care Facilities (Day Care Center)

L(1)

(F)

3. Clubs and Lodges

L(1)

 

4. Colleges, Public or Private

L(1)

 

5. Cultural Institutions

 

 

a. Cultural Institutions

P

 

b. Natural History/Science Museums

P

 

6. Emergency Medical Care/No Inpatient

 

 

7. Government Offices

L(7)

 

8. Hazardous Waste Management Facilities

 

 

9. Heliports

 

 

10. Hospitals

 

 

a. Acute Care

 

 

b. Other

 

 

11. Housing for the Homeless/Emergency Shelters

U

(O)

12. Low Barrier Navigation Center

L(26)

(O)

13. Maintenance and Service Facilities

 

 

14. Park and Recreation Facilities

P

 

15. Public Parking Facilities

P

 

16. Public Safety Facilities

P

 

17. Public Transit Terminals

 

 

18. Recycling Facilities

 

 

a. Collection Facilities

 

 

(1) Reverse Vending Machine Facilities

L(15)

(K)

(2) Small Collection Facilities

L(15)

(K)

(3) Large Collection Facilities

 

 

b. Processing Facilities

 

 

19. Religious Assembly

L(4)

 

20. Residential Care Facilities

L(16)

 

21. Schools, Public or Private

L(1)

 

22. Skilled Nursing Facilities

L(1)

 

23. Utilities, Major

L(17)

 

24. Utilities, Minor

P

 

F. Accessory Uses

 

 

1. Accessory Living Quarters

 

 

2. Accessory Structure

L(18)

 

3. Accessory Use

L(19)

 

a. Garage Sales

 

 

b. Home Occupations

L(20)

(L)

c. Personal Cannabis Cultivation

L(23)

(M)

G. Temporary Uses

 

(G)

1. Arts and Crafts Shows, Outdoor

L(21)

 

2. Christmas Tree Sales

L(21)

 

3. Civic/Community Events

L(21)

 

4. Farmers Markets

L(21)

 

5. Live Entertainment Events

L(21)

 

6. Outdoor Seating for Eating and Drinking Establishments

L(12)

 

7. Pumpkin Sales

L(21)

 

8. Retail Sales, Outdoor

L(21)

 

9. Street Fairs

L(21)

 

10. Swap Meets, Non-Recurring

L(21)

 

11. Swap Meets, Recurring

L(21)

 

12. Vendor-Carts

L(22)

 

USE REGULATIONS

L(1)

Permitted on floors above the ground floor of a multi-story building; conditionally permitted on the ground floor of a multi-story building when located more than fifty (50) feet from the street line of a Core Area Retail Street; otherwise not permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area Retail Street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

Consistent with the General Plan, commercial uses shall occupy at least fifty percent (50%) of the gross floor area of the ground floor, excluding parking.

L(2)

Permitted subject to the issuance of a Large Family Day Care Home Permit by the Zoning Administrator.

L(3)

Conditionally permitted on floors above the ground floor of a completely enclosed multistory building; conditionally permitted on the ground floor of a completely enclosed multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(4)

Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that:

a) The proposed use is compatible with active pedestrian activity on the adjacent public right-of-way;

b) The proposed use is compatible with retail uses.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(5)

Businesses whose primary activities involve walk-in customer visits (including but not limited to retail banks and savings and loans; maintenance and repair service centers for small equipment; document preparation centers; real estate agencies; and public offices for title companies, mortgage brokers, stock brokers, and financial advisors) are permitted on the ground floor of a multistory building when located west of North/South California Boulevard; otherwise permitted subject to L(4) above.

L(6)

Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review, as an accessory use associated with food and beverage sales or an eating and/or drinking establishment, and subject to the provisions of Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops; otherwise not permitted. In granting design review approval, the Design Review Commission Authority shall find that:

a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area;

b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area, including that resulting from garbage pickup.

L(7)

Permitted on floors above the ground floor of a multistory building; permitted on the ground floor of a multistory building when located more than fifty (50) feet from the street line of a Core Area retail street; otherwise not permitted.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten percent (10%) of the gross floor area of the ground floor, nor more than ten percent (10%) of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(8)

Permitted subject to review and approval of the Design Review Authority pursuant to Part IV, Article 12, Design Review. In granting design review approval, the Design Review Authority shall find that:

a. The ventilation equipment has been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area;

b. The garbage collection facilities have been designed and located to mitigate the impact of objectionable noise and odor on existing or future residential uses in the surrounding area, including that resulting from garbage pickup.

L(9)

Permitted upon approval of an Administrative Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.

L(10)

Not permitted if located within 600 feet of the boundary of any school (as defined in Part I, Article 4, Use Classifications) if providing full alcoholic beverage service. Otherwise, permitted upon approval of a Conditional Use Permit pursuant to Part III, Article 12, Alcoholic Beverage Sales.

L(11)

Conditionally permitted. In approving a Conditional Use Permit, the Planning Commission shall find that:

a) Suitable design features and operating measures have been incorporated into the project to mitigate the impact of objectionable noise on existing or future residential uses in the surrounding area;

b) Design features have been incorporated into the project to adequately handle customer queuing.

L(12)

Outdoor seating which requires the construction of permanent structures or alterations to existing buildings shall be subject to Design Review (see Part IV, Article 12, Design Review). A Temporary Encroachment Permit is required for the temporary use of the public right-of-way for the placement of tables and chairs.

L(13)

Facilities which include the sale of alcoholic beverages (including beer and wine) or tobacco products are conditionally permitted; otherwise permitted. In approving a Conditional Use Permit, the Planning Commission shall find that:

a) The proposed use will not cause adverse noise, odor, and litter impacts.

b) The proposed use (including hours of operation) will be compatible with existing or future residential uses in the surrounding area.

L(14)

Business and trade schools, driving schools, and other similar uses are permitted subject to L(4) above. Fine arts, crafts, dance or music studios, exercise or aerobic studios, diet centers, and other similar uses are permitted subject to L(5) above.

L(15)

Permitted in a Convenience Zone (as defined by Section 10-2.1.303, Definitions) subject to the approval of the Community Development Director.

L(16)

Permitted on floors above the ground floor of a multistory building if the occupants of the facility meet the definition of handicapped under the Fair Housing Act, otherwise not permitted. Parking, as required in Part III, Article 2, Off-Street Parking and Loading Regulations, shall be provided. The development regulations (other than parking) for a residential care facility shall be the same as is required for Residential Use Classifications by Section 10-2.2.2103.

Notwithstanding the foregoing, lobbies and entrance areas accessory to the use are permitted within fifty (50) feet of a Core Area retail street when not occupying more than ten (10) percent of the gross floor area of the ground floor, nor more than ten (10) percent of the ground floor building frontage facing a street line; however, in no case shall such lobbies and entrance areas be restricted to less than fifteen (15) feet in width.

L(17)

Electrical substations, aboveground electrical transmission lines, water pumping stations and switching buildings are permitted uses. All other uses within this classification are not permitted.

L(18)

Accessory structures are permitted subject to Section 10-2.2.2103, Property Development Regulations.

L(19)

See the use regulations for the primary use classification.

L(20)

Home Occupations are permitted subject to the approval of a Home Occupation Permit pursuant to Section 10-2.3.107, Home Occupations.

L(21)

Permitted subject to the approval of a Temporary Activity Permit pursuant to Section 10-2.3.118, Temporary Activity Permits.

L(22)

Permitted if they are operating under the same business license as an immediate adjacent eating and drinking establishment or immediate adjacent retail establishment, and are not within the public right-of-way.

L(23)

Personal cannabis cultivation is permitted subject to the regulations outlined by Article 14 of Part III of the Zoning Ordinance.

L(24)

Supportive and transitional housing are subject only to those requirements and restrictions that apply to the residential use classification under which they operate (e.g., multiple-family residential, single-family residential, residential care home, etc.).

L(25)

Permitted by right when meeting the requirements of Section 65651 of the California Government Code and all objective standards applicable to multiple-family residential uses.

L(26)

Permitted by right when meeting the requirements of Section 65662 of the California Government Code.

ADDITIONAL USE REGULATIONS

(A)

See Section 10-2.3.103, Accessory Structures.

(B)

See Section 10-2.3.107, Home Occupations.

(C)

See Section 10-2.3.108, Animals.

(D)

See Part III, Article 9, Inclusionary Housing.

(E)

See Part III, Article 10, Density Bonus Ordinance.

(F)

See Part III, Article 6, Child Day Care Facilities.

(G)

See Section 10-2.3.121, Regulations for Outdoor Sales, Service, Display.

(H)

See Municipal Code, Title 4, Chapter 11, Public Dance Permits.

(I)

See Section 10-2.3.123, Offsite Distribution for Eating and Drinking Establishments and Specialty Food Shops.

(J)

See Part III, Article 2, Off-Street Parking and Loading Regulations.

(K)

See Part III, Article 7, Recycling Facilities.

(L)

See Section 10-2.3.107, Home Occupations.

(M)

See Part III, Article 14. Personal and Commercial Cannabis Activities.

(N)

See Part III, Article 5. Accessory Dwelling Units.

(O)

See Part III, Article 16, Objective Standards for Emergency Shelters and Navigation Centers.

(§5, Ord. 2158, eff. 11/18/16; §5, Ord. 2161, eff. 1/19/17; §§7(1), (42)—(44), Ord. 2183, eff. 9/8/18; §3, Ord. 2188, eff. 3/8/19; §17, Ord. 2210, eff. 10/22/21; §5(1), Ord. 2216, eff. 7/2/22; §4, Ord. 2239, eff. 7/5/24; §3(19), Ord. 2243, eff. 9/7/24)

10-2.2.2103 Property Development Regulations. Revised 9/24

The following schedule prescribes development regulations for the Commercial Mixed Use District. The symbol "NA" indicates that there is no restriction for that particular development regulation or it is not applicable in this District. Numbers in parentheses refer to the "Additional Development Regulations" following the schedule. If the Development Regulation column is blank, the development regulation is then outlined in the "Additional Regulation" footnote.

CLASSIFICATION

DEVELOPMENT REGULATIONS

ADDITIONAL REGULATIONS

A. Minimum Lot Area

10,000 sq. ft.

 

B. Minimum Lot Width

80 feet

 

C. Minimum Lot Frontage

80 feet

 

D. Minimum Lot Depth

100 feet

D(1)

E. Minimum Setbacks

 

D(2) D(3)

1. Front

 

D(4)

2. Side

 

D(5)

3. Corner Side

 

D(4)

4. Rear

 

D(5)

F. Maximum Height

 

D(6)

G. Density

 

D(15)

H. Maximum Lot Coverage

NA

 

I. Maximum Floor Area Ratio

 

D(7)

J. Minimum Floor Area Ratio

 

D(16)

K. Minimum Ground Floor Height

 

D(8)

L. Minimum Ground Floor Depth

 

D(9)

M. Courts

See Sec. 10-2.3.127.

 

N. Design Review

See Section 10‑2.4.1202.

D(10)

O. Landscaping

See Part III, Article 11.

D(11)

P. Storage Space for Residential Units

 

D(12)

Q. Fences and Walls

See Section 10-2.3.104.

 

R. Antennas

See Section 10-2.3.120.

 

S. Nonconforming Conditions

See Part III, Article 3.

T. Elevators

See Section 10-2.3.124.

 

U. Recycling Facilities

See Part III, Article 7.

 

V. Parking and Loading

See Part III, Article 2.

D(13) D(14)

W. Signs

See Title 10, Chapter 8.

 

X. Preservation of Trees

See Title 3, Chapter 8.

 

Y. Hillside Performance Standards

See Part III, Article 4.

 

Z. Stormwater Control

See Title 9, Chapter 16.

 

AA. Private Residential Outdoor Space

See Section 10-2.3.126.

 

BB. Lighting

See Section 10-2.3.128.

 

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(1)

Any existing lot having a depth of less than one hundred (100) feet may be developed pursuant to all provisions of this chapter.

D(2)

See Section 10-2.3.106, Exclusion of Rights-of-Way.

D(3)

Refer to the Zoning Map for future street line setbacks.

D(4)

Minimum front and corner side setbacks shall be provided as follows:

a) For the portions of a building located within forty (40) vertical feet of the base elevation, the greater of the following:

1) On Core Area retail streets, a setback sufficient to provide a minimum fifteen (15)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum ten (10)-foot-wide unobstructed pedestrian path of travel;

2) On other than Core Area retail streets, a setback sufficient to provide a minimum ten (10)-foot-wide public sidewalk area (as measured from the vertical face of curb of the adjacent street) with a minimum seven (7)-foot-wide unobstructed pedestrian path of travel;

3) As specified by the General Plan or an applicable specific plan.

b) For the upper portions of a building located more than forty (40) vertical feet from the base elevation, five (5) feet more than what is required in subsection (a) above.

D(5)

None required except as follows:

a) For any side or rear yard that abuts a residential district, except where a larger setback is required pursuant to subsection (b) below:

1) For the portions of a building located within thirty (30) vertical feet of the existing or finished grade (whichever is lower) at the adjacent lot line: ten (10) feet.

2) For the portions of a building located more than thirty (30) vertical feet in height from the existing or finished grade (whichever is lower) at the adjacent lot line: fifteen (15) feet.

b) For portions of buildings containing uses described in Section 10-2.1.403(A), Residential Use Classifications: See Section 10-2.3.127, Courts.

D(6)

Within the plan area boundaries of the West Downtown Specific Plan: Refer to the Zoning Map. Notwithstanding the foregoing, approval by the Planning Commission or City Council of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements, is required for any building with a top elevation greater than sixty-five (65) feet.

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building height upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: Refer to the Zoning Map.

D(7)

Within the plan area boundaries of the West Downtown Specific Plan: Maximum FAR is 1.5. Notwithstanding the foregoing, the Planning Commission or City Council, as identified by the Community Benefits Program, may permit a FAR up to 3.0 upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Within the plan area boundaries of the North Downtown Specific Plan: Refer to Figure 4.1 (Base Intensity and Building Height) and Figure 4.3 (FAR and Height Bonus Potential with Provision of Community Benefits) of the North Downtown Specific Plan. Where identified in Figure 4.3, the Planning Commission or City Council may permit additional building FAR upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: The maximum floor area ratio shall be 1.5 unless otherwise specified in Chapter 4, Figure 8 (Core Area Commercial Floor Area Ratios) and Figure 9 (Mixed Use Floor Area Ratios) of the General Plan, or in an applicable specific plan. Notwithstanding the foregoing, the floor area ratio shall not exceed 1.0 on properties with a net lot area less than ten thousand (10,000) square feet.

D(8)

The ground floor height for all portions of a building located within fifty (50) feet of a street line, as measured from the surface of the ground floor to the surface of the floor directly above it, shall be a minimum of eighteen (18) feet.

D(9)

The minimum depth of all ground floor tenant spaces abutting the street shall be the lesser of the following:

a) Fifty (50) feet; or

b) Ten (10) feet less than the lot depth.

This requirement shall not apply to lobbies and entrance areas serving the upper floors of a building or the portions of the ground floor located more than fifty (50) feet away from the street line.

D(10)

For new buildings or additions which include ground floor area intended uses other than those described in Section 10-2.1.403(A), Residential Use Classifications, in granting design review approval the Design Review Authority pursuant to Part IV, Article 12, Design Review, shall find that adequate ventilation features (such as internal vertical chases to the roof) are provided in order to accommodate restaurants and other similar uses in the future.

 

ADDITIONAL DEVELOPMENT REGULATIONS

D(11)

A minimum of ten percent (10%) of the overall project site shall be landscaped. Front and corner side landscaping requirements count toward the minimum site landscape area requirement. Landscaped areas shall consist of at least fifty percent (50%) live plant material, and any remaining area shall be rock, gravel, pebbles, stones, mulch or other natural, non-living material. Where multiple parcels are developed, the minimum landscaping applies across the project as a whole. Where provided front and/or corner side setbacks are more than five (5) feet, the corresponding yards shall be landscaped as follows:

i. For ground-floor commercial uses, a minimum of ten percent (10%) of the yard shall be landscaped.

ii. For all other ground floor uses, a minimum of thirty percent (30%) of the yard shall be landscaped.

See also Private Residential Outdoor Space in Section 10-2.3.126.

D(12)

Each residential unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Community Development Department, but shall not be divided into two (2) or more locations.

D(13)

Parking spaces for uses described in Section 10-2.1.403(A), Residential Use Classifications, shall be separated from parking spaces for all other uses by means of signs, gates, barriers, and/or markings.

D(14)

No surface, ground level, or aboveground parking spaces shall be located within twenty (20) feet of a street line or within fifty (50) feet of a street line for a Core Area retail street.

D(15)

Within the plan area boundaries of the West Downtown Specific Plan: The maximum density is one (1) dwelling unit per seven hundred fifty (750) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per five hundred (500) square feet of net lot area, upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Within the plan area boundaries of the North Downtown Specific Plan: The maximum density is one (1) dwelling unit per eight hundred seventy-five (875) square feet of net lot area. This base density shall be used for purposes of calculating any density bonus pursuant to Part III, Article 10, Density Bonus Ordinance, and Government Code Section 65915. Notwithstanding the foregoing, the Planning Commission or City Council may permit a density up to one (1) dwelling unit per six hundred seventy-five (675) square feet of net lot area upon approval of a community benefit agreement pursuant to Part IV, Article 17, Community Benefit Agreements.

Outside of the plan area boundaries of the West Downtown and North Downtown Specific Plans: The maximum density is one (1) dwelling unit per eight hundred seventy-five (875) square feet of net lot area.

D(16)

Within the plan area boundaries of the West Downtown Specific Plan: Minimum FAR is 1.0.

Outside of the plan area boundaries of the West Downtown Specific Plan: No minimum.

(§5, Ord. 2158, eff. 11/18/16; §6, Ord. 2161, eff. 1/19/17; §9, Ord. 2194, eff. 6/7/19; §12, Ord. 2200, eff. 12/6/19; §10, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)